Driving is Serious Business
Driving While License Suspended or Revoked
Cook County & Lake County Arrests
Felony Criminal Penalties:
Generally, driving while suspended or revoked is a Class A misdemeanor. See 625 ILCS 5/6-303
Misdemeanor Driving While License Suspended or Revoked:
Consequences on Driving Privileges:
A conviction for the offense of driving while suspended or revoked will cause the Illinois Secretary of State to DOUBLE the length of the suspension or revocation.
Vehicle Forfeiture:
Cook County & Lake County Arrests
Felony Criminal Penalties:
Generally, driving while suspended or revoked is a Class A misdemeanor. See 625 ILCS 5/6-303
- However, by exception, some driving while license suspended or revoked tickets can be reduced to petty offenses (which are punishable by fine only).
- If the reason for the suspension or revocation is related to a DUI, leaving the scene of a fatal accident, or reckless homicide, a charge for driving while license suspended or revoked can be a felony (punishable by incarceration in state prison). Generally, on a second offense for driving while license suspended or revoked (after a DUI), the risk of a felony is at least 50 percent. The State can charge the driver with a felony, but often does not. The reasons for this inconsistency are not clear. It is hard to predict when the State will upgrade the offense to a felony, but it is becoming more frequent (as of 2009). On the third offense for driving during a DUI-based suspension or revocation, the charge is almost always a felony.
- The range of penalties for driving during a DUI suspension or revocation starts with a Class A misdemeanor (up to 364 days in the county jail), and goes up to a Class 2 felony (3-7 years in the Illinois Department of Corrections, with no possibility of probation)
Misdemeanor Driving While License Suspended or Revoked:
- A fine of up to $2,500, which does not include court costs, probation fees, or legal fees.
- A sentence in the county jail of up to 364 days. Driving while suspended or revoked is a unique offense under Illinois law because offenders are generally NOT eligible for "day-for-day" credit, which would otherwise reduce a jail sentence by 50
Consequences on Driving Privileges:
A conviction for the offense of driving while suspended or revoked will cause the Illinois Secretary of State to DOUBLE the length of the suspension or revocation.
Vehicle Forfeiture:
- The police are authorized by state law to tow the car of someone driving while license suspended or revoked if they cannot show proof of insurance. Coincidentally, law enforcement officers may also tow the vehicle of someone who is driving without a valid license and also unable to show proof of insurance.
- The county State’s Attorney may institute forfeiture proceedings against any vehicle driven by a driver who is suspended or revoked for a reason related to a DUI, leaving the scene of a fatal accident, or reckless homicide.
- Numerous municipalities have also enacted local ordinances that allow their police officers to seize vehicles driven by suspended or revoked drivers, regardless of the reason for the suspension, and regardless of proof of insurance.
